DOJ Lawyer Argues Courts Cannot Stop Trump's White House Ballroom Project, Even If Illegal
A Justice Department lawyer argued before the D.C. Circuit Court of Appeals that courts lack the power to halt President Trump's White House East Wing replacement project, even if it is ultimately found to be illegal. The case stems from a March ruling by U.S. District Judge Richard Leon, who found the project exceeded presidential authority under existing statutes. The argument raises significant constitutional questions about the separation of powers and whether the executive branch can undertake major construction projects without congressional authorization.
During oral arguments before the D.C. Circuit Court of Appeals, DOJ lawyer Yaakov Roth contended that courts cannot enjoin the White House ballroom project because it serves national security interests and is already substantially underway, calling any halt an 'abuse of discretion.' When pressed by Judge Patricia Millett, Roth acknowledged that even complete lawlessness by the government would not make the project stoppable by courts, suggesting only Congress could intervene. The project involves replacing the demolished East Wing with a structure roughly 60 percent larger in square footage and more than three times larger in cubic volume than the existing White House residence. District Judge Richard Leon had ruled in March that the statutory authority cited by the administration — 3 USC 105(d)(1), which covers maintenance, repair, and improvement of the Executive Residence — does not come close to authorizing wholesale demolition and new construction. The National Trust for Historic Preservation's attorney, Thaddeus Heuer, countered that under Marbury v. Madison, courts have the authority to say what the law is, and that the administration's position would effectively place executive action beyond judicial review. The three-judge panel includes a Trump appointee, an Obama appointee, and a Biden appointee, and the court had previously issued a temporary stay of Leon's preliminary injunction while the appeal proceeds.
What's missing
The article does not detail the total cost of the project or how much has already been spent, which would be relevant to assessing the administration's 'well on its way' argument. It also does not clarify what specific national security interests the administration claims justify bypassing congressional approval.
How coverage differed
The Reason article, which leans libertarian-right, presents the DOJ's legal arguments in detail but allows the judge's pointed questioning and the plaintiff's rebuttal to speak for themselves, framing the administration's position as constitutionally aggressive without overt editorializing. Coverage from other outlets may emphasize either the executive overreach angle or the national security justification depending on their editorial orientation.
What different sources said
- ReasonRight
Even If Trump's Ballroom Project Is Illegal, a DOJ Lawyer Says, the Courts Cannot Stop It
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